Us Code § 2708 - Recovery by responsible party
Full text of Us Code United States Code § 2708 — Recovery by responsible party, with citation guidance and answers to common questions.
§ 2708. Recovery by responsible party
(a) In general
The responsible party for a vessel or facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, may assert a claim for removal costs and damages under section 2713 of this title only if the responsible party demonstrates that—
(1) the responsible party is entitled to a defense to liability under section 2703 of this title; or
(2) the responsible party is entitled to a limitation of liability under section 2704 of this title.
(b) Extent of recovery
A responsible party who is entitled to a limitation of liability may assert a claim under section 2713 of this title only to the extent that the sum of the removal costs and damages incurred by the responsible party plus the amounts paid by the responsible party, or by the guarantor on behalf of the responsible party, for claims asserted under section 2713 of this title exceeds the amount to which the total of the liability under section 2702 of this title and removal costs and damages incurred by, or on behalf of, the responsible party is limited under section 2704 of this title.
(Pub. L. 101–380, title I, §1008, Aug. 18, 1990, 104 Stat. 497.)
About This Section
33 U.S.C. § 2708 is part of Title 33 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 33 U.S.C. § 2708. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
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